POFMA is a complete adulteration of legal principles!

I read with incredulity the submission of Deputy Attorney-General Hri Kumar to the High Court that the burden of proof is on the SDP to prove that the statements they made which were POFMA’ed are true.

This submission is so ridiculous I would have sneered it out of Court.

Let’s examine some fundamental undeniable facts under this crazy law, which is against all tenets of free speech guaranteed under our Constitution.

The Minister has the power to POFMA a post and demand that you put up a “Correction Notice” on your post stating that “it contains false statements of fact” and to click onto a link for the “correct facts”.

If the party putting up the post is aggrieved at the Minister’s decision, it is supposed to first appeal to the Minister. If the Minister rejects the appeal, then the aggrieved party has to bring court proceedings under an originating summons to a High Court judge, if he/she wants to take the matter further.

Hri Kumar says that since the SDP is the party bringing the court action, the burden of proof is on them to prove the truth of their statements.

What a wonderful way to reverse the burden of proof! It is like telling the accused that he has to prove his innocence rather than compel the accuser to prove his guilt!. It is the complete adulteration of legal principles as I know it.

Here the Minister is the one saying the POFMA’ed statements are “false”. That Minister has the burden to prove that the statements are indeed false! If the Minister can’t prove that the statements are false, he or she had no business in the 1st place issuing the POFMA notice. The Law is called “The Prevention Of Online Falsehood”, for goodness sake!

You can see now how ridiculous this law has become! It appears that all the established legal principles are being inverted by an authoritarian government and its legal officers to suppress free speech.

 

Lim Tean

 

 

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29 Responses to “POFMA is a complete adulteration of legal principles!”

  • NotMyProblem:

    Hri Kumar maybe be ridiculous, but what about the Judge? Isn’t the judge supposed to know better?

    Or both are ridiculous?!!

    Like 4=5. Within 200M radius is not inside 200M. or an Indian is a Malay overnight.

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  • Harder Truths:

    Free speech? What is that?

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  • Dr. Chan:

    Sinkapoor has join PRC, Vietnam, Laos, Cuba, North Korea as the 6th Communist state.

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  • Someone said Hri is not reading Law but making Law. Maybe there is aftreall some truth to that.

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  • PAP.GUARANTEE.WIN.GE2020:

    Dear Lim Tean,
    You said “It appears that all the established legal principles are being inverted by an authoritarian government and its legal officers to suppress free speech.”

    You better take back your words or we the 70% will sue till your pant drop.

    Singapore is democratic country.
    PAP was elected by us, the 70% people and thus has the mandate to pass law that is beneficial for investment and living.

    Similarly, in last week Taiwan election, the Taiwanese elected the DPP leader Tsai Ing Wen as their President who also suka suka pass law they like.

    Yes, they even copy PAP to pass the ISA style law. (anti-infitration law)

    See, in democratic country, the leader had the mandate of the majority of people to do what they like.

    Like it or not, you have to follow us the 70%

    So, suck it up.

    PAP.GUARANTEE.WIN.GE2020
    PAP Huat, Huat, Huat ah

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  • Jialut liao, now that Lim Tean has reminded them, next time parliament sits, they will amend the POFMA to make it a strict-liabilty case (whereby one is guilty until proven innocent).

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  • opposition dude:

    PAP is showing just how stupid they can be. If your ministers have the right to determine what is true and flase then why bother going to court?

    Your minister might as well take on the role of the judge and ownself declare that whatever pthers say is false, only what you say is true. Why go waste time attend court and argue since the minister has already decided on the verdict?

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  • Tremendous:

    Looks like this POFMA abuse began with the Law Minister. If you have a case of strong public interest and yet you decide to go for close courts in the first place, you and your judge are giving the unmistakable impression that you need to hide something badly. Yes, BADLY.

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  • Bapak:

    This kind of “power” given to themselves must be stopped. VTO!

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  • For U , With U:

    Dump Pofma. It is a hidden dagger under the coat of truth or rightoues , to stab yr opp but still looks clean on the outside.
    Pofma trial is liken to silly country law , such as that a woman who has been raped must proved that the her attacker did not rape her , even though she had the evidences .

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  • INSIDE 200m is not within 200m:

    in order to protect its stupidity, there is legislation that says only selected LAW schools outside of Spore are recognized.

    by default, it says anything local LAW school is teaching is superior to non local LAW schools.

    so much so NOW we have by pap AGC,

    INSIDE 200m is not within 200m.

    even worse, AGC deputy NOW even says,

    burden of proof is on the accused and not accuser.

    TRULY a land of WTF pap leaders voted into power by a group of WTF sheep.

    Thank goodness there is this small percentage, some 30%, of sane citizens who continue to oppose pap wrongs and to correct 70% sheep stupidity. if not for this 30% of loyal citizens, Spore would have sunken even before 2004.

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  • In Stupid Plain English:

    Good analysis from a professional… though a common sense thing but it’s not common in Sillypore.

    Arselik says that since the PainInArse is the party bringing the court action, the burden of proof is on Pain to prove the truth of their statements…. a very interesting evil twist, possible only in a jester courtyard.

    Silly fans see Victim bullied by aggressor. (Don’t you deny this, it’s in TRE)
    Victim KPKB to Jude.
    Aggressor accused victim being a Liar.
    Victim said Not.
    Aggressor asked Victim to prove it.

    So anyone can start accusing others being a thief, then ask them to prove they are innocent.

    Get it now?!

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  • The Evil Regime:

    opposition dude:
    PAP is showing just how stupid they can be. If your ministers have the right to determine what is true and flase then why bother going to court?

    Your minister might as well take on the role of the judge and ownself declare that whatever pthers say is false, only what you say is true. Why go waste time attend court and argue since the minister has already decided on the verdict?

    This is where the Evil part comes in.

    Trump will never say he is a saint and everyone knows Trump. He is not evil.
    He did it openly under the sun, everyone can see and decide.

    False prophets will tell you they are saints, and will show you all the necessary ceremonies to hookwink you but will never show you the real thing within.

    We also have court and trial dramas, exact copies of many true democracies, just like the real things but ask yourselves who are the Judes.
    Many stupids will be blown away by such wayangs, swayed by falsehoods, that justice has been served, every time.
    Is this not evil?

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  • TruBlu:

    POFMA=Protection Of FAKE MINISTERS Act?

    When ministers wanna find EXCUSES for ERRANT POLICIES,they can LIE.
    If OPPO sgs EXPOSE THE LIE too outrightly,PAPple resort to POFMA?

    So,you get to hear only the good stuffs.
    You must turn on to GOLD 9O5 FM *all the time*???

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  • JUST VOTE SDP:

    I hope PAP ministers are reading all these comments.

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  • NotMyProblem:

    Tremendous:
    Looks like this POFMA abuse began with the Law Minister. If you have a case of strong public interest and yet you decide to go for close courts in the first place, you and your judge are giving the unmistakable impression that you need to hide something badly. Yes, BADLY.

    Backside smell, that’s why it is covered by two cloths, the underwear and the pant.

    The Minister’s “interpretation” of sex was just depositing some sperm on the egg, only required a small space. Like dogs, cats and other animals, they just do it and went separate ways. If you said you need a big space, you would be POFMAed.

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  • Halimah is a Malay meh ???:

    When you have a judge that tells you “Within 200M radius is not inside 200M”,
    you do not need to wonder if justice here have been subordinated to the ruling PAPIGS party.
    With all these PAPIGS Cronies in the AG, the fake news law is just another joke invented by these PAP jokers, only difference is that it’s hardly funny.
    So Hamilah becomes a Malay from being an Indian overnight, is it not fake news ???

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  • oxygen:

    HOW TO PROVE A KNOWN FARKING LIE is true by, and DEMANDED OF, those buried with the burden of proof?

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  • oxygen:

    Ooops, typo error there, sorry

    oxygen: HOW TO PROVE A KNOWN FARKING LIE is true by, and DEMANDED OF, those buried with the burden of proof?

    should be read as

    oxygen: HOW TO PROVE A KNOWN FARKING LIE is “TRUTH” by, and DEMANDED OF, those buried with the burden of proof?

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  • oxygen:

    ARE WE GOING BACK TO THE DARK AGES OF MEDIEVAL LAW such as trial by ordeal?

    What is trial by ordeal?

    Dulhaime’s Law Dictionary :A medieval form of trial in addition to trial by battle, reserved for those suspected of crimes, and which had several forms, all designed to sort out the innocent from the guilty by appealing to God’s will(!).

    In trial by cold water ordeal, the accused was thrown into a pool of water bound. If he sank and drowned he was innocent (and conveniently dead). If he floated and did not sink, he was taken to have been “rejected” by the water and must necessarily be guilty.

    This trial was generally reserved for male accused who didn’t own land.

    http://www.duhaime.org/LegalDictionary/T/TrialbyOrdeal.aspx

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  • Morally reprehensible cronies:

    “To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public…. To educate a person in the mind but not in his morals is to educate a menace to society.”

    -President Theodore Roosevelt

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  • SC:

    Singapore legal standard.
    I wonder are sg law professionals respected in the West?

    Yours
    Mr SC (suck coke)

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  • REGIME CHANGE is the solution:

    I have given up on PAP. This is another compelling reason for REGIME CHANGE.

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  • REGIME CHANGE is the solution:

    Straits Times: Fair hiring framework good step but could be further refined

    This can only be done effectively AFTER regime change.

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  • Uncle Lim:

    If the judiciary wants people to respect it, it must do the right thing.

    Since many are not convinced that the Govt is right, the AGC or the Chief Justice must come out to explain things instead of keeping quiet.

    The Deputy AG is a laughing stock.

    If not stop telling people Respect us respect us or we charge you.

    Respect must be earned not forced down our throats.

    Justice must be SEEN to be served and not served behind CLOSED door. Is it a top national secret or what?

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  • Ruin your soul for legal sake:

    Al-Nu’man ibn Bashir reported: The Messenger of God, peace and blessings be upon him, said:

    “Verily, what is lawful is clear and what is unlawful is also clear, but between the two of them are doubtful matters about which many people do not understand. He who avoids doubtful matters thereby clears himself in regard to his religion and his honor; but he who delves into doubtful matters will soon fall into the unlawful like a shepherd who pastures near a sanctuary, almost grazing within. Verily, every king has a sanctuary and the sanctuary of Almighty God are his prohibitions.

    And in the body lies a piece of flesh which, if it is sound, the entire body is made sound, but if it is corrupt, the entire body becomes corrupt. Truly, it is the heart.”

    Source: Bukhārī 52, Muslim 1599

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  • PAP CLOSE DOWN:

    Watched this old movie called Atlantis. In one scene, one character refered to the governors “they must always be right”.

    Didn’t Atlantis sink to the bottom ofthe sea?

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  • katherine wong:

    our system is run by a bunch of crooks…what you expect? 60% has voted in a bunch of crooks…knowingly or not. Anything straight/honest things will become bent/warped in the hands of the crooked ones. They will twist & turn cos they cannot be straight.

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  • ShamYewCum:

    Pop quizZ:

    What does an international lawyer say to a sg lawyer when they meet overseas?

    Yours
    Profma ShamYewCum SC (Suck Coke)

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